The purpose of this article is to fulfil a comparative study of national security legislation, as well as the formation of conceptual foundation for its development and the elaboration of proposals for the improvement thereof with regard to Ukraine. The article analyses in comparative aspect the practice of the Republic of Lithuania as one of the European countries. In the context of globalization, the research focuses on international legal systems of both international and regional levels. The comparative legal analysis of the legal measures to maintain national security revealed similarities in theoretical and methodological approaches. In the study, the author’s definition of national security is given; and a typological model of the concept of national security is formed.
Public procurement as a system of procedures for purchasing goods and services is quite complex. Especially having in mind international legal regulation and high requirements for the assurance of such principles as transparency, fair competition, non-discrimination, mutual recognition, proportionality. Thus from the other side of the issue, in special fields as defence and national security, it is not always possible to strictly observe the mentioned rules. Institutions in a state, which is facing threats, must be able to flexibly; this would allow balancing the urgency and competiveness of purchasing procedures. Still such situations require clear managing system and legal regulation supporting it. In this article, the authors present the preliminary analysis of management of public procurement for defence and security via disaster management cycle theory and mostly focus on the phase of response towards certain destructive actions. The managerial aspect of the issue is supplemented by the analysis of the legal regulation, which should support managerial processes. Having in mind that in different phases of the disaster management cycle, different methods of management (requiring special legal regulation, as legitimation of such actions) should be applied, examples of two countries are presented. Lithuania as a member state of European Union is chosen to illustrate the reflections of managerial processes in legal acts, which are passed in the phases of mitigation and preparedness. Ukrainian example is presented to illustrate the difficulties, which state may face, when managerial processes as well as legitimation thereof in legal regulations are developed in the phase of response. To answer these questions, literature review, comparison, analyses of documents, synthesis and other methods were used. It is concluded that the public procurement processes definitely should be prepared in advance and every state should be ready for the urgent purchases before the direct threats for security appears. Ukrainian example shows, how it is difficult, costly and requiring other efforts to develop these processes and implement it in the same time. It should be mentioned that raised questions are in the constant process of learning and this article should be considered as a primary steps towards deep analysis of the continuity of state actions in the situations of real threats and tensions, which Europe is facing today.
Various types of calamities determine greater political attention to disaster management, but permanent efficient functionality of this sphere has to be the priority of the state as the guarantor of fundamental obligations to its citizens. Legal regulation sets fundations for functioning of certain system of institutions and processes, which intend to ensure proper disaster management. The article analyses theoretical aspects of disaster management in the context of public sector modernization with the distinction of traditional public administration, New Public Management, New Public Governance and Neo - Weberianism. The focus is on the acceptability of different models of public sector to disaster management. In the first part of the article, the attention is focused on the advantages and disadvantages of traditional public administration to disaster management. The second part of the article reviews the significance of the reform and the practical implications of the principles of New Public Management to disaster management. The third part of the article analyses the significance of New Public Governance discourse to disaster management and the fourth part defines the newest theoretical aspects of public administration Neo-Weberian model and its significance to increasing the efficiency of disaster management system is evaluated.
The aim of this article is to analyse the essence of the harmonisation of public and private interests in the public service. The necessity of the harmonisation of public and private interests in the public service is based on the following features: civil service reliability and implementation of its purpose in order to guarantee the public interest; clear, binding standards of conduct applicable to all persons employed in the public service, regardless of their duties and career development nature; aim to prevent the emergence and spread of corruption in the public service; constitutional requirements for the implementation of public service. The article reveals that there are two key elements of a conflict of interest: 1) official duties that ensure the implementation of a public interest; 2) private interest which may negatively affect the performance of official duties. It follows that if a conflict of interest in the public service is not resolved or addressed properly, sooner or later it turns into corruption, and cause significant damage to the state itself. It is therefore very important timely identification, removal and management of the conflict of interest.
The article analyses an in-house procurement concept in the contexts of scientific doctrine, substantive law and legal practice. The Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC is discussed in the part of provisions regulating cases where a public contract between public entities is not a subject to public procurement procedures. In addition, statistical data of in-house procurements in Lithuania are presented and threats of in-house procurement concept application as well as possibilities of improvement thereof are assessed.
The goal of this research is to formulate the notion of sustainable dispute resolution and distinguish main characteristics of those dispute resolution procedures that can be considered to be sustainable having an idea of bringing together sustainability, law and dispute resolution. Thus the object of the research – dispute resolution procedures, their main features and capability to be qualified as sustainable. The research is composed of introduction, two parts and conclusions. Introduction provides a brief overview of the object of that research and its goal, part one describes main criteria for distinguishing the sustainable dispute resolution, in part two analysis of sustainability in main dispute resolution processes (negotiation, mediation, conciliation, arbitration and litigation) is presented. Conclusion gives main ideas of the assignment of that work in brief.